"WISH YOU WERE HERE"
NO PURCHASE NECESSARY TO ENTER OR WIN.
CONTEST IS INTENDED FOR VIEWING AND PLAY BY LEGAL CITIZENS IN THE 50 UNITED STATES AND DISTRICT OF COLUMBIA ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS CONTEST IF YOU ARE NOTA RESIDENT OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA. ENTRY INTO THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
1. Contest Entry Period: Contest begins at 3:00 PM Pacific Standard Time ("PST") on January 1, 2012 and ends at 11:59 PM PST on February 3, 2012.
2. Eligibility: The "Wish You Were Here" Contest ("Contest") is open to legal residents of the 50 United States and the District of Columbia, including those with APO/FPO addresses, age 18 years or older at time of entry. Employees and contractors of Anastasia Beverly Hills, Inc. (the "ABH"), and its respective subsidiaries, affiliates, advertising and promotion agencies or any other individual or company involved in the development or execution of the Contest (collectively the "Contest Parties"), and members of their immediate families (parent, child, sibling and their respective spouses) and same households, whether or not related, are not eligible to enter or win. Contest governed by U.S. law. Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
3. How to Enter: To enter Contest, take a clear photo of yourself in front of your favorite local landmark.
Post your picture on Facebook and tag us in the photo to enter! Or Email your name, home address, and photograph to "wishyouwerehere@anastasia.net". One entry per contestant only. Please follow all instructions to complete and submit your entry submission ("Submission"). Submissions that do not include all required information and do not adhere to the foregoing and following requirements will be considered void and will not be considered. All Entries must be received by 11:59 PM PST on February 3, 2012. Limit: One entry per person regardless if entrant has more than one email account or social media account(including but not limited to Facebook, Myspace, Twitter, ect) or if more than one person uses the same email account or social media account.
4. Additional Requirements: Once you complete and submit your entry, your Submission is final and may not be modified or edited. The person named as the "authorized e-mail or social media account holder" of the e-mail address of the email account or social media account associated with the Submission for the Submission must match and that person will be deemed the entrant ("Entrant"). In the event of a dispute regarding the identity of an Entrant, the dispute will be resolved in favor of the individual who is the "authorized e-mail account or social media account holder" of the e-mail address or social media account provided at the time of Submission. "Authorized email or social media account holder" is defined as the natural person assigned an e-mail address or social media account by an Internet access provider, online service provider, social media network/company or other organization (i.e., business, education institution) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address or account access to a social media site. If any group of individuals elects to collaborate on a Submission, they are required to designate one (1) representative to enter the Contest and accept the prize on behalf of the group. Neither ABH nor Contest Parties are liable for any disputes between collaborators related to a Submission. Entrants are subject to all notices posted online including but not limited to the terms of use and privacy policy. ABH is not responsible for lost, late, or misdirected entries.
5. Conditions of Entry: As conditions of entry into this Contest, and by entering a Submission, Entrant warrants and represents that the Submission: (a) has not been altered or modified in any manner, including without limitation, Photoshop or similar graphic design software; (b) has not been entered in or won previous contests or awards; and (c) has not been published or distributed previously in any media. Entrant represents that he/she owns all rights to his/her Submission, including, without limitation, the copyrights. Entrant further represents and warrants that the Entrant has obtained permission from each person whose image or likeness ("Likeness") is included in the Submission, and that such person(s) have granted Entrant all necessary rights to use the person's Likeness as described in these rules, and that Entrant can make written copies of such permissions available to the ABH upon request. If the Likeness of a minor is included, such grant of rights must include written permission from the minor's parent or legal guardian authorizing the use of the minor's Likeness on behalf of the minor. By uploading a Submission, Entrant irrevocably grants ABH and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to reproduce, encode, edit, store, record, distribute, merchandise, license, sublicense, adapt and/or modify, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Entrant's Submission, including, but not limited to, the Likeness contained therein (in each case, as submitted or as edited/modified in any way by the ABH, in its sole discretion), as well as to use Entrant's name, likeness, photograph, and/or statements regarding his/her participation in this Contest (with or without using the Entrant's name) in any and all media without limitation as to time or territory, and without additional compensation or approval from the Entrant or any other party. Entrant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude ABH's use of the Submission, and agrees not to sue or assert any claim against the ABH for the use of the Submission or Entrant's likeness or statements. Entrant agrees to indemnify and hold ABH, its agencies and all persons or companies involved in the development or execution of this Contest and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees or contractors (collectively, the "Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the Entrant's Submission, or the Entrant's conduct in creating a Submission or otherwise in connection with this Contest, including but not limited to claims for trademark or copyright infringement; violation of an individual's right of publicity or right of privacy; or defamation. Entrant further agrees to release ABH from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of ABH infringes Entrant's rights with regard to any elements contained in any Submission. Any posting of Submission does not deem your entry a winner in the Contest. Your Submission may not be acknowledged and will not be received or held "in confidence" and your Submission does not create a confidential relationship or obligation of secrecy between you and ABH or any of their respective affiliates or subsidiaries. You agree to abide by these official rules, which are final and binding in all respects.
6. Judging: All eligible entries received during the Contest Entry Period will be judged by members of ABH. ABH's decisions are final and binding on all matters relating to this Contest.
7. Winner Notification: One (1) Contest winner ("Winner") will be determined on or about February 10, 2012 and will be notified on or about February 29, 2012 via mail, telephone and/or email. The contact information provided on entry will be used to notify the Winner. If notified via email, the potential Winner must confirm receipt of Contest notification within forty-eight (48) hours after notification. Potential winner must be able to receive calls from an unlisted/blocked number. Winner will be required to complete and return an Affidavit of Eligibility and Liability and, unless prohibited by law, Publicity Release ("Affidavit/Release") as well as any other documents ("Prize Notification Documents") which may be required by ABH, all of which must be received fully-executed within seven (7) days of date printed on notification or he/she may be disqualified. If Winner is less than the age of majority in his or her state of residence, all required documents must be signed by the Winner's parent/legal guardian on his/her behalf. Prepaid overnight mailing envelope will be provided. ABH reserves the right to investigate Winner to determine if s/he has been truthful, and to disqualify such contestant if the Official Rules requirements were not met. A background check may be conducted on Winner. At the discretion of the ABH, Winner may be disqualified for any of the following: if charged with or convicted of a felony or misdemeanor, is not eligible based on the eligibility requirements set forth above, or if delinquent on a government ordered payment, such as but not limited to: child support, spousal support, alimony, tax payments, etc. In the event it is determined that Winner has not complied with these Official Rules, or has failed to execute and return any required documents (if applicable) within the specified time period, and/or has made false statements or a prize notification is returned as undeliverable, or should such Winner cannot accept or receive prize, then such Winner will be disqualified and the Contestant with the next highest score will be notified. Entry and/or acceptance of prize constitutes permission (except where prohibited by law) to use each contestant's name, entry, hometown, likeness, prize won, and photograph (all at ABH's discretion) for future advertising and publicity without additional compensation.
8. Prize and its Approximate Retail Value ("ARV"): One (1) Winner will receive the following prizes ("Prize"): (a) one (1) round-trip, coach class airline ticket to Los Angeles, California from the airport nearest to Winner's hometown located within the 50 United States or District of Columbia with flights departing to Los Angeles and ground transportation to and from the Los Angeles airport, hotel and ABH locations (in the event that Winner lives within 250 miles of the ABH corporate headquarters in Los Angeles, California, then ABH shall in its sole discretion substitute the round-trip airline ticket for exclusive ground transportation to the Winner); (b) two (2) nights in a Los Angeles hotel; (c) a hair and makeup makeover by ABH; (d) a photo shoot with the ABH team; and (e) a 6-month supply of ABH products. The total ARV of prize is approximately $3,750.00. All travel arrangements, accommodations and ABH products shall be made and selected by ABH in its sole discretion. If any prize element is unavailable, ABH will substitute prize with one of equal or greater value at its sole discretion. Prize is not redeemable for cash. Prize is non-assignable and non-transferable except to a surviving spouse. If Winner is unable to accept the prize in its entirety no later than December 1, 2012, the selected Winner will forfeit the prize and the prize will be awarded to another contestant. The Winner acknowledges that the ABH and all other businesses concerned with this Contest and their agents do not make, nor in any manner are responsible for any warranty, representations, expressed or implied, in fact or in law, relative the quality, conditions, fitness or merchantability of any aspect of prize except that the prize shall be subject to ABH's standard warranty.
9. Releases: BY PARTICIPATING IN THIS CONTEST, YOU (AND, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) ACCEPT ALL RISK AND CONSEQUENCES OF ENTRY AND PARTICIPATION IN THIS CONTEST AND AGREE TO RELEASE AND HOLD HARMLESS THE ABH AND ALL ENTITIES INVOLVED IN THE CONTEST ("PROMOTIONAL PARTIES") AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CONSEQUENCES, LIABILITY, LOSSES, DAMAGES (INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, PUNITIVE, INCIDENTIAL, SPECIAL OR INCREASED DAMAGES AND THOSE RELATED TO PERSONAL INJURY, DEATH OR DAMAGE TO PROPERTY) AND COSTS AND EXPENSES, OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM OR RELATED TO THIS CONTEST, INCLUDING BUT NOT LIMITED TO YOUR ENTRY AND PARTICIPATION IN THE CONTEST, THE ACCEPTANCE AND/OR USE (OR MISUSE) OF ANY PRIZE, PRINTING ERRORS AND ANY CLAIMS BASED UPON THE RIGHTS OF PUBLICITY AND INVASION OF PRIVACY, EVEN IF ONE OR MORE OF THE PROMOTION PARTIES OR ANY OF THE OTHER RELEASED PARTIES WERE AWARE OF THE POSSIBILITY OF ANY SUCH CONSEQUENCES, LOSSES, DAMAGES, ETC. WITHOUT LIMITING THE FOREGOING, YOU (AND, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) FURTHER AGREE THAT NEITHER ABH NOR ITS AFFILIATES, PRIZE SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS, SHALL BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES, OF ANY KIND, ARISING FROM OR RELATED TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF ABH, PROMOTIONAL PARTIES OR THEIR AFFILIATES, PRIZE SUPPLIERS, AND THEIR RESPECTIVE REPRESENTATIVES AND AGENTS, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, ACTS OF GOVERNMENT, ACTS OF TERROR, ACTS OF WAR, CIVIL UNREST, LABOR SHORTAGES AND/OR STRIKES, EVEN IF ANY ONE OR MORE OF THE PROMOTION PARTIES OR ANY OF THE OTHER RELEASED PARTIES WERE AWARE OF THE POSSIBILITY OF ANY SUCH EVENTS OCCURING.
10. General: Released Parties are not responsible for any electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Released Parties on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof or for any injury or damage to a contestant's or any other person's computer related to or resulting from downloading and/or uploading Contest materials. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the ABH or You Tube's which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the ABH reserves the right to withdraw or cancel the Contest and to determine the Winner from all eligible entries receive prior to withdrawal or cancellation. ABH reserves the right to permanently disqualify any contestant it believes has intentionally violated these Official Rules. ABH AND RESERVES THE RIGHT IN ITS SOLE AND UNFETTERED DISCRETION TO DISQUALIFY ANY CONTESTANT WHO TAMPERS OR IS SUSPECTED OF TAMPERING WITH THE ENTRY PROCESS. Caution: Any attempt by an contestant to deliberately damage any web site, including but not limited to, the entry/registration site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, ABH reserves the right to seek damages and or other relief from any such contestant to the fullest extent of the law.
11. Except where prohibited by law, as a condition of participating in this Contest, contestant agrees that (a) any and all disputes and causes of action arising out of or connected with this Contest, or prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association ("AAA") and held at the AAA regional office nearest to the ABH corporate headquarters; (b) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than contestant's actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and contestant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of contestants and ABH in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA without regard to California choice of law rules.
12. Privacy Policy: Any personal information supplied by you to ABH will be subject to its privacy policy located at http://www.anastasia.net/help.php?section=business. Unless prohibited by ABH's privacy policy or by law, by entering the Contest, you grant ABH permission to share your email address and any other personally identifiable information (collectively, "PII") with the other Contest Parties for the purpose of administration, judging and prize fulfillment. ABH will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as explicitly described herein.
13. Administrator: Anastasia Beverly Hills, Inc., 11933 Wilshire Boulevard, Los Angeles, California 90025, USA.
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